Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
|
Privilege - overarching requirement |
For a privilege to apply, there must be a confidential communication |
|
|
Confidential Communication |
If overheard by a third party, destroys privilege
Presence won't destroy if: 1. First two parties don't know that the 3rd party is present 2. Third party is necessary to assist in communication |
|
|
Voluntary Waiver of Privilege |
Person who holds the privilege: 1. Fails to assert it in a timely manner 2. Voluntarily discloses a substantial portion of the communication to a 3rd party 3. Contractually waives the privilege in advance |
|
|
Spousal Privilege |
Spousal Immunity Confidential Marital Communications |
|
|
Spousal Immunity |
Spouse of a criminal defendant may not be called as a witness by the prosecution; Married person cannot be compelled to testify against his spouse in a criminal proceeding
Only valid during the marriage for communications before/during marriage
Federal - witness spouse holds privilege; Minority - party spouses holds
IL doesn't recognize this |
|
|
Confidential Marital Communications |
Communications made between spouses while they were married if made in reliance on the sactity of marriage
Held by both spouses and extends beyond the termination of the marriage |
|
|
Attorney-Client Privilege |
Confidential Communication between a client and attorney for the purpose of seeking legal advice or representation is privileged |
|
|
Work Product Doctrine |
Documents prepared by an attorney for his own use in connection with the client's case are not subject to discovery unless party seeking disclosure demonstrates: 1. Substantial need for the information 2. Cannot obtain the information by any other means without undue hardship
Mental impressions, conclusions, and trial tactics of an attorney are always protected |
|
|
Subsequent Remedial Measures |
Not admissible to prove negligence, culpable conduct, a defective product or design, or the need for warning or instruction
Admissible for: impeachment, ownership/control when in dispute, feasibility of precautionary measures |
|
|
Compromise Offers and Negotiations |
Not admissible to prove or disprove the validity or amount of a disputed claim |
|
|
Offers to Pay Medical Expenses |
Evidence of payment, offer to pay, or promise to pay medical/similar expenses resulting from an injury is not admissible to prove liability for the injury |
|
|
Plea Negotiations |
Not admissible against D who made/participated: 1. Withdrawn guilty pleas 2. Please of no contest 3. Statements made while negotiating a plea 4. Statements made during a plead proceeding |
|
|
Liability Insurance |
Evidence that person was/wasn't insured against liability is not admissible to prove whether acted negligently/wrongfully
Admissible to prove: agency, ownership, or control, witness's bias or prejudice |
